Posted on January 15, 2026 by Lindsay Taylor 4

New Code of Meeting Practice for NSW Councils Now in Force

The Model Code of Meeting Practice for Local Councils in NSW 2025 (2025 Meeting Code) took effect on 1 January 2026. It replaces the 2021 Code and contains some significant changes, which are summarised in this post.

Requirement for Model code

The 2025 Meeting Code is prescribed under section 360 of the Local Government Act 1993 (LG Act) and the Local Government (General) Regulation 2021 (LG Reg). It applies to all meetings of councils and committees of councils of which all the members are councillors. Councils must adopt a code of meeting practice that incorporates the mandatory provisions of the 2025 Meeting Code.

Councils were required to adopt a code of meeting practice incorporating the mandatory provisions of the 2025 Meeting Code by 31 December 2025.

Noteworthy changes in the 2025 Meeting Code

Some of the noteworthy changes in the 2025 Meeting Code are summarised below:

Extraordinary meetings

The Mayor may now call an extraordinary meeting of the council without the need to obtain the signature of two (2) councillors.

The mayor may put a mayoral minute to an extraordinary meeting without notice and, arguably, dealing with a matter not contained in the notice of the meeting.

The council may deal with any business at an extraordinary meeting if it resolves to do so on the grounds that it is urgent and requires a decision by the council before the next scheduled ordinary meeting of the council and the resolution states the reasons for the urgency.

Giving notice of business for ordinary meetings

The council may now determine, by resolution, the period within which a councillor must give notice of business for an ordinary Council meeting.

Questions on notice to the general manager

The only restriction now on a councillor asking the general manager a question with notice about the performance of the council is that it must not constitute an act of disorder under the 2025 Meeting Code.

Pre-meeting briefing sessions

Briefing sessions must not be held by councils to brief councillors on business listed on the agenda for meetings of the council or committees.

Public forums

The detailed procedures relating to holding public forums contained in the 2021 Code have been removed. The council may now determine, by resolution, the rules under which public forums are to be conducted and when they are to be held.

Dress & protocol at meetings

The council may now determine, by resolution, standards of dress for councillors when attending meetings.

Where physically able to, councillors and staff should stand when the mayor enters the council chamber and when the mayor is addressing the meeting.

Leave of absence from meetings

If the council resolves not to grant a councillor leave of absence for a meeting, it must state the reasons for its decision in its resolution.

Attendance at meetings via audio visual link

Councillors no longer have a general right to attend meetings via audio-visual link with the council’s approval. They may now only do so with the approval of the council where they are prevented from attending the meeting in person because of ill-health or other medical reasons or because of unforeseen caring responsibilities.

Business without notice at ordinary meetings

Business without notice may now be considered at a meeting of the council at which all councillors are present, if the council resolves to deal with the business on the grounds that it is urgent and requires a decision by the council before the next scheduled ordinary meeting and the resolution states the reasons for the urgency. If all councillors are not present at the meeting, business without notice may only be dealt with where such a resolution is adopted and the chairperson also rules that the business is urgent and requires a decision by the council before the next scheduled ordinary meeting.

Mayoral minutes

The restrictions previously applying to mayoral minutes have been removed. The mayor may now, by a signed minute, put to a meeting without notice any matter or topic that the mayor determines should be considered at the meeting.

Questions asked at council meetings

The restrictions previously applying to questions at council meetings have been relaxed. The council may now resolve to allow questions to be asked that do not relate to a matter on the agenda for a meeting or of which notice has not been given.

Foreshadowed meetings

The provisions in the 2021 Code relating to foreshadowed motions have been removed.

Planning decisions

The council or a committee must not make a ‘final planning decision’ without receiving a staff report containing an assessment and recommendation in relation to the matter put before the council for a decision.

Where the council or a committee makes a planning decision that is inconsistent with the recommendation made in a staff report, it must provide reasons for its decision and why it did not adopt the staff recommendation.

Acts of disorder & expulsion from meetings

On the adoption of the 2025 Meeting Code and at the commencement of each council term, the council must determine whether to authorise the person presiding at a meeting to exercise a power of expulsion in the event of an act of disorder at a council or committee meeting.

The acts of disorder at a meeting specified have been amended and now include circumstances where a councillor:

• • uses offensive or disorderly words, or
  • makes gestures or otherwise behaves in a way that is sexist, racist, homophobic or otherwise discriminatory, or, if the behaviour occurred in the Legislative Assembly, would be considered disorderly, or
  • imputes improper motives to or unfavourably personally reflects upon any other council official, or a person present at the meeting, except by a motion, or
  • says or does anything that would promote disorder at the meeting or is otherwise inconsistent with maintaining order at the meeting.

If a councillor fails to take action in response to a requirement by the chairperson to remedy an act of disorder at the meeting at which the act of disorder occurred, the chairperson may require the councillor to take that action at each subsequent meeting until such time as the councillor complies with the requirement. If the councillor fails to remedy the act of disorder at a subsequent meeting, they may be expelled from the meeting.

Members of the public may be expelled from council meetings if they:

• • do not remain silent during the meeting unless invited by the chairperson to speak,
  • bring flags, signs or protest symbols to the meeting, or
  • otherwise disrupt the meeting.

Rescinding development application decisions

A notice of motion to alter or rescind a resolution relating to a development application must now be submitted to the general manager no later than 1 day after the meeting at which the resolution was adopted.

A copy of the 2025 Meeting Code and related information is available on the Office of Local Government website at: https://www.olg.nsw.gov.au/councils/governance/model-code-of-meeting-practice/model-code-of-meeting-practice-for-local-councils-in-nsw/

If you wish to discuss anything or you have any questions about this post, contact Dr Lindsay Taylor.